MISSION — A woman is recovering from undisclosed injuries after the vehicle she was driving collided with a train. The crash happened January 23 about 7:00 p.m. at the intersection of Shary Road and US Business 83 in Mission.

According to the Mission Police Department, the woman was driving south on Shary Road when the crash occurred, but as of this writing they had not established who was at fault in the collision.

The woman, who was not identified, was hospitalized and is said to be recovering.

Overview of car-train collisions

According to the latest data available from the Federal Railroad Administration, there were 2,146 collisions involving automobiles and trains in 2021. These crashes resulted in 234 deaths, and 670 injuries.

Railroad industry and independent studies have found that the vast majority (as much as 90 percent) of these crashes were the fault of the automobile driver. That’s because trains always have the right-of-way at railroad crossings.

While the law is almost always in the train’s favor when a collision occurs, it does not give blanket immunity to railroad and train companies when accidents occur.

A comprehensive crash investigation looks at all factors in a car-train accident, including the condition of the tracks at the crossing, the sobriety of the train engineer, the condition of warning signals, and other factors.

Expert representation

If you’ve been involved in a car-train accident, and you believe it was not your fault, hiring an attorney who is experienced in train accident cases is key to a successful outcome in your case. The personal injury attorneys at the J. Gonzalez Law Firm have successfully handled many such cases.

They don’t wait for evidence to simply walk in the front door. The J. Gonzalez Law Firm hires skilled investigators and experts in accident reconstruction to get to the truth and maximize each victim’s compensation.

If you have been injured, or someone you love has been injured or killed in a train accident, the J. Gonzalez Law Firm can help you. Call us toll free today at 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/train-collides-with-vehicle-in-mission-hospitalizing-woman/?utm_source=facebook.com&utm_campaign=socialflow&utm_medium=referral&fbclid=IwAR3L1r91dkl9CaeZgxXonuc-SmG0eiAe4NAvNbee0KNosrDOY3yMtQ1HjKc

MISSION – Criminal charges are pending against a suspect who remains hospitalized following a January 17 car crash that killed a woman and injured three of her family members. The suspect, who has not been identified, is facing charges of intoxicated manslaughter, intoxicated assault, and leaving the scene of an accident.

The crash happened about 1:00 a.m. at the intersection of Solar Drive and Mayberry Road. According to a Mission Police Department spokesman, a police officer had been attempting to make a traffic stop on a gray 2004 GMC Yukon. But the driver reportedly sped away and ran a stop sign, and the vehicle collided with a 2015 Ford Explorer.

Inside the Explorer were a 42-year-old man, his 37-year-old wife, and their three teenage children. The mother was killed, while the husband and two of the children were injured. None of their names have been released.

The suspect driver is said to have left the scene of the crash on foot, but was arrested while walking in the area of Conway Avenue and State Highway 495 shortly after 6:00 a.m. that morning. The man appeared to be intoxicated, according to police.

The suspect is expected to be arraigned once he is discharged from the hospital.

Can someone sue for more than insurance policy limits?

Before an attorney can sue an at-fault driver for their assets, the client must first go through litigation and a trial. If the client wins, and the jury awards a verdict in his/her favor, the insurance company will have to pay. However, an insurance company will only pay what it is under contract to pay (the policy limits).

In the event of serious injuries, an attorney can seek an excess judgment if there isn’t enough insurance available to cover current and future medical bills. This is particularly true if the at-fault party has significant assets that could satisfy the judgment.

If a jury agrees that you should be awarded more than the insurance company’s policy limits can cover, that award is known as an “excess verdict.” The excess verdict is what is owed to you above the limits the insurance company is contracted to pay.

Unfortunately, just because you successfully sue someone for their property, doesn’t mean you will get paid right away. There is exempt property that falls under certain legal definitions, including the at-fault driver’s primary home and their primary vehicle.

Call the J. Gonzalez Law Firm

Each case is different, and having a lawyer who understands and has experience dealing with personal injury law can go a long way toward your financial recovery. The J. Gonzalez Law Firm has the experience you need to navigate the complexities of personal injury compensation. Call us today for a free, no-obligation consultation at 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2023/01/18/suspect-hospitalized-in-mission-fatal-that-killed-wife-mother/?fbclid=IwAR2TOU4nfA-TjB0J7WjUT7uX2t-DSVi1efRKabkyEjR5RbGk7XYrbkUOM_U

SAN ANTONIO – A 36-year-old woman is facing murder charges for allegedly running over two women with her car during a January 11 street fight in the city’s West Side district. Pennie Gomez is charged with murder, aggravated assault with a deadly weapon, and drug possession.

According to San Antonio media reports, a street fight that attracted as many as 30 people broke out at the intersection of Angela Walk and South Picoso Street. Witnesses reportedly told police that Gomez got into a car and intentionally drove toward the two women who were fighting and ran them over.

A witness saw the legs of one of the victims under Gomez’s car, and began hitting the car window to tell her that she had hit someone and that the person was still under the car, according to an arrest report obtained by media outlets.

Gomez then reportedly drove off, dragging one of the victims at least 20 to 30 feet under her car. Cell phone video is said to corroborate witness statements.

The deceased victim has been identified as 28-year-old Ashley Espinoza. The identity of other victim who survived had not been reported as of this writing. Meanwhile, Gomez was last reported to be in custody at the Bexar County Jail on $251,000 bond.

Assault with a Vehicle

Texas has no specific offense called vehicular assault. However, drivers can be charged with aggravated assault with a vehicle, or aggravated assault with a deadly weapon, if they use a vehicle to intentionally or recklessly cause harm to another person.

In order to be charged with aggravated assault with a vehicle in Texas, it must be proved that the accused driver intentionally, knowingly, or recklessly caused serious bodily injury or death to another person.

Personal injury lawsuit implications

In most personal injury cases, the injured party asks the jury to find the civil defendant liable on the basis that he or she acted unreasonably or recklessly, and that the conduct resulted in the injury. The problem is that reckless or unreasonable conduct is open to interpretation.

When a judge deems it appropriate, an injured plaintiff can submit the case to the jury as a matter of negligence per se. The commission of a crime such as assault with a vehicle is one example of negligence per se. A finding of negligence per se effectively reduces the civil litigation down to two questions:

• Did the defendant violate the law in question?
• Was the violation the primary cause of the plaintiff’s injuries?

If the jury answers yes to these questions, there is no room for interpretations of what constitutes reckless or unreasonable behavior by the defendant.

Call the J. Gonzalez Law Firm

The J. Gonzalez Law Firm has years of experience handling all kinds of negligence claims in the state of Texas. Our personal injury attorneys can answer whatever questions you may have regarding your claim. Your initial consultation is free, and if we take your case you pay nothing unless you win your case.

Call us today at 1-800-CAR-CRASH to put us to work for you.

Source: https://news4sanantonio.com/news/local/woman-killed-after-being-hit-by-a-car-during-large-fight-on-west-side-investigation-san-antonio-texas-police-fatal-accident-manslaughter-murder?fbclid=IwAR39GpUdevN8JBlEwlMwD24NXFOgFIQM9Ej9smabxI6lN5tOLr7kQy68Q3M

EDINBURG — The Texas Department of Public Safety (DPS) is looking for a man who allegedly caused a serious accident and then fled the scene on foot. The three-vehicle crash happened January 8 at about 8:00 p.m. on Alamo Rd near Texas Rd east of Edinburg.

According to DPS, two pickup trucks were headed north on Alamo Rd when the driver of the trailing truck failed to control his speed and his vehicle hit the truck in front of him. The lead truck veered into the opposite lane where it was struck by a southbound minivan.

The driver of the minivan was not seriously injured, but the truck driver was hospitalized and was last reported to be in a coma, according to DPS.

Meanwhile, the man driving the truck that initiated the chain-reaction crash fled the scene on foot, and was still being sought by authorities. DPS troopers urge anyone with information on the driver’s whereabouts to call the DPS Office at (956) 565-7600.

Should I chase after a hit-and-run driver?

Seeing a hit-and-run driver fleeing the scene of an accident might give you the urge to take justice into your own hands and chase after the suspect. However, attorneys and law enforcement officers agree the best option is to stay put, and not give chase.

Attempting to catch the offender could easily lead you to break the law yourself. It could also incite the suspect to commit acts of violence against you in order to get away. Lots of things could happen, and most of them are not good.

The correct way to deal with a hit-and-run accident is to follow a few basic steps.

Stay at the scene and gather as much information as possible. Note as much information on the offender’s vehicle as possible, including make, model, license plate number, and vehicle color.

Get contact information from any witnesses at the scene of the accident. Jot down as many facts as you can such as the time and location of the incident. Take pictures of the scene. Take pictures of your vehicle and the damage done to it. Be sure to file a hit and run claim with your insurance carrier.

Once the identity of the person that hit you is discovered, make sure to file a claim with his or her insurance company

Consult the J. Gonzalez Law Firm

The personal injury attorneys at the J. Gonzalez Law Firm will help you understand your rights, and they will ensure you get the proper compensation for your medical care, lost wages, damage to your vehicle, and other losses.

The J. Gonzalez Law Firm is capable of handling any type of hit-and-run accident, and it won’t cost you anything unless you ultimately win your case. Call J. Gonzalez today at 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/dps-man-in-coma-after-another-driver-flees-three-vehicle-crash-on-foot/?utm_campaign=socialflow&utm_medium=referral&utm_source=facebook.com&fbclid=IwAR0X0-zond3b5dphwkv8OY0TzTXmnPkJReUYuGI8ceq8gGYjyADgPJ7lA7E

LOS INDIOS — Los Indios police say one man was killed in a January 11 major accident at the intersection of US Highway 281 (Military Highway) and Rangerville Rd. According to Los Indios Police Chief Eddie Mendoza, a man driving a Nissan Altima collided with an 18-wheeler at about 11:30 a.m.

Mendoza confirmed the identity of the victim as 67-year-old Pedro Reyes, a Los Indios resident. The cause of the accident remains under investigation.

Have you been involved in a big rig accident?

According to the National Highway Traffic Safety Administration, more than 100,000 people are injured every year in accidents involving large commercial vehicles and semi-trucks. More than 4,000 people die annually in such crashes.

Big rig crashes tend to be the most violent of all traffic accidents simply because of the enormous size and weight of semi-trucks.

If you, or someone close to you, has been injured in a big rig accident you should take steps to ensure your legal rights are protected, and that you get financial compensation for you and your family. That’s where an experienced truck accident lawyer comes in.

18-wheeler accident lawsuits can be difficult to understand, as they often involve complex rules and procedures. Truckers are required to follow strict company guidelines and federal regulations. If the driver was not in compliance, or if the company was somehow negligent, you need the right lawyer who has the experience and knowledge necessary to prove it.

The expert personal injury attorneys at the J. Gonzalez Law Firm can provide you with valuable advice on your legal options, including settlement agreements, mediation, and arbitration. It can be difficult to know when a settlement is fair, and J. Gonzalez can help you make an informed decision about the best option for your case.

Call the J. Gonzalez Law Firm today at 1-800-CAR-CRASH.

Source https://www.valleycentral.com/news/local-news/authorities-on-scene-at-major-accident-on-military-highway/?utm_medium=referral&utm_campaign=socialflow&utm_source=facebook.com&fbclid=IwAR1dygeCdqBqgaw_qmfPA3c07AjNBxTcOalj51voKRHqAcn2Gz3enl-g6Gg

SAN ANTONIO — Three people, including a San Antonio mother and her child, remain hospitalized as the result of a street racing crash that occurred December 28, 2022.

According to the Bexar County Sheriff’s Office, two drivers were racing down Highway 90 West when one of them lost control of his car and it veered across the median into oncoming traffic. The car struck a vehicle occupied by 40-year-old Jessica Botello and her 10-year-old daughter, Autumn Flores. Botello and Flores were seriously injured and are said to be facing a long road to recovery.

The vehicle that hit their car was being driven by 33-year-old Hammer John Felan. An unidentified passenger in Felan’s car was also seriously injured in the crash.

Felan did not sustain any major injuries. He is, however, facing three counts of racing on a highway causing serious bodily injury, injury of a child, and racing without a license.

The other alleged street racer, 19-year-old Dawson Gerald McCulley, faces four counts of racing on highway with serious bodily injury, and four counts of failure to stop and render aid.

Personal Injury and negligence per se

When someone does something that is considered unreasonable and dangerous, it can constitute negligence on their part. When negligent conduct also happens to be a violation of law it constitutes what the legal system refers to as “negligence per se.” This is an important distinction in matters of personal injury litigation.

Arguing that someone hurt you because of their negligence is the basis of most personal injury claims. However, when you can show that the other party’s conduct rises to negligence per se, you have a much greater chance of winning because they would essentially be liable by default because they committed a crime.

In Texas, a first offense for non-injury street racing is a Class B misdemeanor, which comes with a penalty of up to 6 months in prison and a maximum fine of $2,000.

Criminal charges and civil litigation

Things can get complicated when criminal charges and civil litigation intersect with one another. When a defendant is facing both criminal and civil cases, the criminal case almost always takes priority. This is because of the defendant’s Fifth Amendment rights, and other issues such as burden of proof.

This means the civil case can be delayed, but many aspects of the civil action can continue, such as negotiations with the defendant’s insurance company. Furthermore, many issues in a civil court case can also be resolved during the criminal case, and thus would not need to be re-litigated with the civil action.

Such complexities are the reason you need the experience and expertise of the J. Gonzalez Law Firm. The J. Gonzalez team of personal injury professionals will make sure your case is well represented and doesn’t get relegated to second-tier status. Call us today for a free, no-obligation consultation at 1-800-CAR-CRASH.

Source: https://news4sanantonio.com/news/local/two-men-arrested-in-street-racing-crash-that-injured-three-including-mother-and-daughter?fbclid=IwAR3nypZoTzT4qgLIqd7MHBGKH_2_diSvCeo96P5ak_ejdCYwJz7QGEJ_6Kg#

MISSION — Mission police say they have located the vehicle that was involved in a fatal, hit-and-run, auto-pedestrian accident. However, the name of the victim still has not been released, and a suspect has not been arrested.

The accident happened about 4:30 p.m. December 22 at the intersection of 1st Street, and Conway Avenue in Mission. The driver left the scene following the impact, but surveillance video of the incident showed the vehicle involved was a white sedan.

“We did find the vehicle,” Mission Police Spokesman Art Flores told ValleyCentral. “One of our officers lives close by the homeowner’s vehicle and we did locate the vehicle. We’re just gathering all the evidence, putting it together, speaking to the persons of interest.”

Flores went on to say that investigators have one person-of-interest they are interviewing, and will release more information as details as the investigation develops.

“At this point, the charges are still pending. We want to review everything and put it all together and bring closure to the family,” Flores said, according to ValleyCentral.

How to collect damages following a hit and run accident

You and your attorney can hold an at-fault driver responsible for an accident if the driver remains at the scene, or if he/she is apprehended later. However, if they are not found, the process becomes more complex.

In this situation, you would have to file a claim for compensation with your own insurance company. This is possible through uninsured motorist (UM) coverage. While UM insurance is not required in Texas, your insurance company, by law, must at least offer it to you so you can be covered in situations like hits-and-runs.

Many Texans assume their insurance company has their best interests in mind, but this is not always the case. Insurance companies will often attempt to pay accident victims the lowest amount of compensation possible for their losses.

Before signing a settlement with your insurance company, it is essential to speak to an attorney. He or she will review every aspect of your case, including your medical bills and other expenses, to determine the total value of your claim.

The J. Gonzalez Law Firm will be your fierce advocate when negotiating with your insurance company to ensure your claim is not devalued or denied. The expert personal injury attorneys at J. Gonzalez understand how challenging recovering from an accident can be. They are committed to making the claims process as straightforward as possible.

To schedule a free, no-obligation consultation to discuss your case, call 1-800-CAR-CRASH today!

Source: https://www.valleycentral.com/news/local-news/mission-police-locate-vehicle-in-fatal-hit-and-run/

The Texas Department of Public Safety (DPS) reports a 68-year-old driver died after his car plunged into an empty canal in Los Fresnos. The victim is identified as Los Fresnos resident Alfredo Escalante.

According to a news release, the incident happened December 19 on FM 1575 at about 10:24 a.m. The report states that Escalante was driving south when, for unknown reasons, he lost control of his vehicle and it plunged into the dry waterway.

The release added that Escalante was not wearing his seat belt, and that he struck the windshield upon impact. The cause of the crash remains under investigation, DPS said.

How failure to wear a seat belt could impact your accident claim

In Texas, every driver and every passenger in a vehicle must wear a seat belt. Furthermore, children under eight years of age must be placed in an appropriate child safety seat, or booster seat.

Not only is it necessary to comply with Texas motor vehicle laws, but failure to wear a seat belt could also impact the ability to recover compensation after the accident.

In Texas, drivers who are hurt in a car accident have the right to file an insurance claim or lawsuit against the motorist responsible for the collision. Through a car accident claim, you could recover compensation for medical expenses, property damage, pain and suffering, and many other losses.

However, if you were not wearing a seat belt at the time of the accident, you could encounter challenges to your claim. The insurance company will likely contend that you are partially liable for your injuries, because you didn’t comply with Texas seat belt laws. The at-fault driver’s attorney could ask the court to reduce your award during a lawsuit, citing Texas’ comparative negligence rules.

Do I need an attorney for my case?

Yes. You need an attorney who can advocate for your interests and fight for your right to the maximum compensation allowed under the law. Contact the personal injury attorneys at the J. Gonzalez Law Firm  if you believe you were hurt due to someone else’s negligence. Our consultation is free, and if we take your case, you pay nothing unless and until we win your case. So call today at 1-800-CAR CRASH.

Source: https://www.krgv.com/news/dps-los-fresnos-man-killed-in-one-vehicle-crash?fbclid=IwAR1W73yz1LGZwdH7ABAKUl2h8Sz-waOjfMeyz_aLA–3H9Z4uwEEk3ZZBkQ

It’s a tragic fact that Texas highways are not particularly safe during the holiday season. According to the National Highway Traffic Safety Administration, Texas has had the greatest number of holiday season fatal car crashes for the last five years in a row.

Texas is also one of five states in which fatal holiday car accidents were more likely to involve drunk or impaired driving than the other 45 states. It is reported that on average, one person in Texas dies every eight hours due to a drunk driver.

The J. Gonzalez Law Firm wishes you a Merry Christmas and a Happy New Year, but most of all wants you to keep safety in mind when you’re on the road for the holidays.

Here are J. Gonzalez’s Top 10 Tips for staying safe while holiday driving:

• Don’t drink and drive. If there will be drinking at your holiday get-together, choose a designated driver who will remain alcohol free.
• Make sure your vehicle is properly maintained, in good shape for travel, and ready for winter driving conditions.
• Plan your route out ahead of time if possible, and don’t forget to include projected weather conditions.
• Make sure you and your passengers are properly restrained in seat belts and car safety seats. Every driver and every passenger must wear a seat belt under Texas law.
• Get a good night’s sleep the night before, take regular breaks, and share the driving if possible. If you are tired, pull off the road to a rest area.
• Have a cell phone and charger with you so it can be used in case of an emergency. Keep the contact information for emergency roadside assistance handy.
• Do not text while driving and minimize cell phone use in order to keep your full attention on the road. Utilize a hands-free device if you need to use your cell phone.
• Keep a safe following distance, allowing for ample time to react to the traffic around you. If someone is tailgating you, allow them to pass. Don’t try to compete with impatient and aggressive drivers.
• Watch your speed. Adapt your speed to road conditions and don’t drive over the speed limit. Give yourself plenty of time to get to where you are going so you are not in a rush.
• Remain calm. If you feel stressed or irritable, take some deep breaths and stay calm. Don’t drive with road rage – This compromises the safety of yourself and the people around you.

Call J. Gonzalez if you’re in an accident

Another tragic fact is that even the safest drivers can be involved in a car accident, because of someone else’s carelessness or negligence. If that happens to you, call the personal injury experts at the J. Gonzalez Law Firm right away. We will handle the litigation for you while you focus on your recovery. We’ll also get you the greatest possible compensation that you need and deserve! Call us today at 1-800-CAR-CRASH!

Source: https://www.krgv.com/news/holiday-drunk-driving-campaign-continues

BROWNSVILLE – Police say a Brownsville pedestrian was at fault for a December 13 accident that left him hospitalized. According to a news release, 65-year-old Ricky Joe Beede was jaywalking across the 800 block of International Boulevard when he was hit by 2017 Hyundai shortly after 6:00 p.m. The vehicle driver was not identified.

“Witnesses at the scene confirmed the vehicle had a green light as it proceeded through the intersection,” the release said. The driver also remained at the scene following the accident, the report added.

Beede was transported to a hospital, and was last reported in stable condition.

Police say the accident investigation determined that Beede was at fault for not using the crosswalk, and for crossing at a pedestrian red light.

Determining liability for Texas auto-pedestrian accidents

Sometimes it can be difficult to determine who is responsible for an auto-pedestrian accident. Determining liability, or legal and financial responsibility, might require an in-depth investigation.

Texas is a tort-based car accident state. In laymen’s terms, this means the party guilty of committing a tort, or wrongdoing, will be liable for the wreck. Some common torts by drivers include traffic safety violations, speeding, distracted driving, and drunken driving.

On the other hand, a pedestrian can also cause or contribute to an accident by breaking traffic laws, ignoring crosswalk signals, jaywalking, or walking while distracted (using a cell phone).

In some cases, both parties will share a portion of the fault.

Comparative fault state 

Texas is a comparative fault state. This means it must be determined which party is more at fault. If a driver is primarily at fault, usually at least 51% or more, they are held financially liable. Victims cannot recover damages if they are 51% or more at fault.

Review of police accident report 

If judgments in the official police report (including who was at fault) are in dispute, either party can write out his/her version of events. If the fault determination is legally disputed, a third-party mediator will hear both sides. Based on the facts, fault determination can change. The worst-case scenario will escalate to a civil lawsuit.

Ideally, police report disputes should be done with the help of an experienced car accident attorney. The personal injury attorneys at the J. Gonzalez Law Firm are your best bet for obtaining the justice and compensation you deserve. J. Gonzalez offers free consultations, and if he takes your case, you pay nothing unless you win. Call for more information today at 1-800-CAR-CRASH!

Source: https://myrgv.com/local-news/2022/12/14/police-brownsville-pedestrian-at-fault-in-auto-ped-accident/